Electric Bicycles (E-Bikes) on Federal Lands

Electric Bicycles (E-Bikes) on Federal Lands

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July 27, 2023
Electric Bicycles (E-Bikes) on Federal Lands
In recent years, the sale and usage of electric bicycles (or
uses and may be subject to different legal and/or regulatory
e-bikes) in the United States has increased rapidly.
restrictions on federal lands. (For more information on
Although numbers vary, some industry experts estimate that
motorized recreation on federal lands, see CRS Report
more than 1 million e-bikes were imported to the United
R42920, Motorized Recreation on Bureau of Land
States in 2022, making them the fastest-growing segment of
Management and Forest Service Lands; and CRS Report
the bike market (Business Insider, April 22, 2023).
R42955, Motorized Recreation on National Park Service
Lands).
E-bikes also have become a popular mode of recreation
across the nation’s parks, forests, and trails. Proponents of
Table 1. E-Bike Classification System
e-bikes see them as a way to increase access to and within
these places, particularly for individuals who may otherwise
Class Type
Description
not be able to bicycle owing to physical limitations, age, or
Equipped with a motor that provides
other factors. At the same time, some have raised concerns
assistance only when the rider is pedaling and
regarding potential environmental and safety issues posed
Class I
ceases to provide assistance when the bicycle
by the usage of e-bikes in areas intended for traditional,
reaches the speed of 20 miles per hour
nonmotorized bicycles and/or pedestrians. In addition,
uncertainty around whether e-bikes should be classified and
Equipped with a motor that may be used
treated as traditional bicycles or as motorized vehicles has
exclusively to propel the bicycle and that is
Class II
led to confusion among land managers and users alike. In
not capable of providing assistance when the
response to these and other issues, federal land management
bicycle reaches the speed of 20 miles per hour
agencies (FLMAs) are adapting their policies and
Equipped with a motor that provides
regulations to ensure the usage of e-bikes on lands under
assistance only when the rider is pedaling and
their jurisdiction complies with their management directives
Class III
that ceases to provide assistance when the
and legal requirements.
bicycle reaches the speed of 28 miles per hour
Legislators and land managers also may face additional
Source: See Department of the Interior, Secretary’s Order 3376,
questions in the coming years as e-bike technology,
“Increasing Recreational Opportunities Through the Use of Electric
production, and user trends evolve. Congress may consider
Bikes,” August 29, 2019. Similar classification language has been
future federal lands legislation or oversight activities related
promulgated in regulations by certain federal agencies (see “Agency
to any such changes (see “Emerging Issues”).
Regulations and Guidance”).
What Is an E-Bike?
Agency Regulations and Guidance
Although definitions may vary across jurisdictions and
Department of the Interior. In August 2019, then-Secretary
between agencies, the term e-bike typically refers to two- or
of the Interior David Bernhardt signed Secretary’s Order
three-wheeled bicycles with small (not more than 750
3376, “Increasing Recreational Opportunities Through the
watts) electric motors that provide assistance in generating
Use of Electric Bikes” (S.O. 3376). Among other purposes,
momentum through pedaling or via a hand throttle. The
the order directed certain Department of the Interior (DOI)
design and capabilities of e-bikes may vary, but FLMAs
bureaus—the Bureau of Land Management (BLM),
generally have established a three-tier classification system
National Park Service (NPS), U.S. Fish and Wildlife
that limits what may or may not be considered an e-bike
Service (FWS), and Bureau of Reclamation (BOR)—to
based on maximum assisted speed (see Table 1).
revise their regulations and add a definition for e-bikes
consistent with 15 U.S.C. §2085 and to exempt e-bikes
This system is generally consistent with other definitions of
from the definition of motorized or off-road vehicles. The
the term e-bike established elsewhere in law by Congress.
stated goal of this directive was to clarify the regulatory
For example, the Consumer Product Safety Act defines
status of e-bikes across federal lands so as to “increase
low-speed electric bicycles under this three-tier
recreational opportunities for all Americans, especially
classification (15 U.S.C. §2085). More recently, Congress
those with physical limitations, and to encourage the
enacted a similar definition for the term electric bicycle for
enjoyment of lands and waters managed by the Department
the purposes of surface transportation programs (23 U.S.C.
of the Interior.”
§217(j)(2)). For FLMAs, agency policies distinguish
between these various classes of e-bikes, with certain areas
In response to this directive, each of the aforementioned
closed or open to certain classes (see “Agency Regulations
DOI bureaus promulgated regulations governing the use of
and Guidance”). E-bikes that fall outside of this
e-bikes on lands under their jurisdiction (see 43 C.F.R.
classification system are typically considered motorized
§8340.0-5 for BLM; 36 C.F.R §§1.4 and 4.30(i) for NPS;
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link to page 1 Electric Bicycles (E-Bikes) on Federal Lands
50 C.F.R. §27.31 for FWS; and 43 C.F.R. §420 for BOR).
Proponents suggest e-bikes can decrease reliance on other
Although the finalized rules vary slightly across agencies,
motor vehicles, thereby reducing greenhouse gas emissions
generally speaking, all of the regulations implement a
and improving air quality on federal lands. Other
number of similar policy changes that include
stakeholders have raised concerns regarding whether
heavier, fast-moving e-bikes may cause erosion or damage
• Excluding e-bikes from agency definitions of motorized
to trails, many of which are already experiencing
(e.g., NPS) or off-road (e.g., BLM, BOR) vehicles
degradation due to high visitation and usage. A study
•
conducted by the Federal Highway Administration
Allowing for the use of e-bikes, or certain classes of
(FWHA) looking at the potential impacts of e-bikes on
e-bikes, in a manner consistent with traditional bicycles,
public lands found limited literature or experimental studies
including (at the discretion of the authorized official) on
examining whether there were any meaningful differences
nonmotorized roads and trails
•
in the ecological impact of e-bikes compared with
Prohibiting, to varying degrees, operators of Class II
traditional bicycles (FWHA, “The Future of E-Bikes on
e-bikes from using the motor exclusively to propel the
Public Lands: How to Effectively Manage a Growing
bicycle for an extended period of time without pedaling,
Trend,” Nov. 2022). Similarly, limited research is available
except in locations open to motorized use
regarding potential increased disturbances to wildlife as a
• Clarifying land managers’ authority to limit or restrict
result of e-bike usage.
e-bike use as needed under certain conditions or for
certain reasons
E-bikes also have raised safety concerns among some users
and land managers due in part to their high-speed
Forest Service. Although not subject to S.O. 3376, in 2022,
capabilities. Possible issues could include increases in
the Forest Service (FS) also finalized directives in its
collisions and injury rates due to e-bikes sharing trails with
agency manuals that clarify how e-bikes are managed on
pedestrians or other users, as well as increased severity of
national forests and grasslands (Forest Service Manual
injuries. In addition, the potential for e-bikes to allow
[FSM] 7700 and 7710). Similar to the DOI regulations, the
visitors to travel greater distances and access more remote
FS policies classify e-bikes in accordance with the three-
areas could result in more complex and dangerous search
tiered system (see Table 1). However, unlike the DOI rules,
and rescue efforts. Legislators or land managers may
the FS defines an e-bike as a type of motor vehicle. As a
consider additional educational or regulatory safety
result, e-bikes are not permitted on nonmotorized trails and
measures to address these potential concerns. Alternatively,
in nonmotorized areas unless their use is specifically
e-bikes also could serve as valuable emergency response
designated. The policy requires that when considering
vehicles and could assist search and rescue operations
whether to designate roads, trails, or areas for e-bike use,
teams operating in remote areas.
the “appropriate level of environmental analysis, including
programmatic analyses, should be evaluated” (FSM
As e-bike usage increases, consideration also may be given
7715.5).
to whether or to what degree agencies should establish
Recent Litigation and Policy
biking infrastructure within or around federal lands. This
Developments
includes the potential addition of charging stations for
e-bikes. Adding or expanding charging infrastructure for
In May 2022, the U.S. District Court for the District of
e-bikes may be considered within the context of agency
Columbia issued an opinion finding that NPS had
budgetary constraints, whether such facilities can or should
improperly relied on a categorial exclusion to comply with
rely on certain renewable power sources, and concerns
the National Environmental Policy Act (NEPA; 42 U.S.C.
about encouraging e-bike use at areas already experiencing
§§4321 et seq.) in issuing the agency’s final rulemaking for
high visitation.
the use of e-bikes in national parks (Pub Emps. For Env’t
Responsibility v. Nat’l Park Serv. (PEER v. NPS), 605 F.
Similar to other recreational activities, e-bikes also can
Supp. 3d 28 (D.D.C. 2022). The court remanded the rule to
raise questions around equity and access to federal lands.
NPS and directed the agency to conduct additional NEPA
On the one hand, e-bikes may increase access to public
analysis but left the rule in place pending completion of
lands, particularly for individuals with mobility
such analysis. In June 2023, NPS announced it was
impairments or others who may find traditional bicycling or
preparing a programmatic environmental assessment to
hiking challenging. However, given the high purchase and
evaluate the potential national-level impacts of e-bike usage
maintenance costs of e-bikes, personal bike ownership may
in national parks.
be inaccessible to many individuals. This issue might
Emerging Issues
become less pronounced should upfront costs drop in future
years. In addition, agencies could consider installing or
As e-bikes become an increasingly popular means of
incorporating e-bikes into existing or future bikeshare
recreation, Congress and federal land managers may
systems.
continue to face a range of potential issues related to their
use and impacts. These include issues related to possible
Mark K. DeSantis, Analyst in Natural Resources Policy
environmental and resource degradation, safety concerns,
infrastructure needs, and equity and access needs.
IF12459

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Electric Bicycles (E-Bikes) on Federal Lands

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